Re: Rights of Publicity, Privacy, defamation?

From: Harold Federow <hfederow[_at_]u.washington.edu>
Date: Thu, 12 Sep 1996 16:06:32 -0800

On Wed, 11 Sep 1996, aboer[_at_]concentric.net (Andrew Boer) wrote:
>
> I was wondering, in the case of (I believe his name is Stephen Mann)
> the MIT student who wears a camera on his head and posts photos from
> it to the web, does this violate anyone's right of privacy or IP
> rights of publicity?
>
> Similarly, if I were to buy a digital camera and keep an online
> description of the day's events and take photographs of ordinary
> people I met (A sort of Online "Let us now praise famous men"), and
> put them on the web along with my journalistic take on them, ie.:
>
> "Outside the Blue Note Bar (inset photo) A family of women (Mother,
> daughter, infant) waited for this well dressed man to emerge, bottle
> in hand. "Do you know who this is?" Mother asks daughter. "Its your
> father." Smiles all around. (inset photo).
>
> Could I be sued for this, assuming the events were true?
>
> And what about the case of "This is the Armenian Consulate (inset
> photo) which happens to have John Doe's picture in it. Does this
> violate John Doe's privacy or IP rights?

This is a state dependent issue, since the right of privacy is state dependent; some states do not recognize this form of it (the right to control your publicity). In general, getting accidentally caught in a picture is not a violation. Under many versions of such laws, you would have to get permission from those seen and broadcast by the digital camera.

Harold Federow
<hfederow[_at_]u.washington.edu> Received on Thu Sep 12 1996 - 23:04:14 GMT

This archive was generated by hypermail 2.2.0 : Mon Mar 26 2007 - 00:35:22 GMT